Native American tribal nations in Arizona exercise sovereignty over the land within their borders, which means that they own and manage those lands independently, outside the authority of the State of Arizona. This statement is rooted in centuries-old agreements, treaties, and laws that recognize tribal sovereignty and the unique status of tribal nations within U.S. territory. It is important to note that the concept of tribal sovereignty is not a concession or a privilege granted by the federal or state governments, but a right that has been affirmed through legal decisions.
In 1824, the Supreme Court of the United States issued a ruling in Johnson v. M'Intosh that established a "doctrine of discovery" that gave European nations the exclusive right to purchase or take possession of lands previously unclaimed by other European nations. This doctrine was extended to the United States, and it became the legal framework for the acquisition of lands from Native American peoples. However, the doctrine also affirmed the pre-existing rights of Indigenous peoples to use and occupy the land that they inhabited prior to European contact.
In the 19th century, the U.S. government began negotiating treaties with Native American tribes, recognizing their sovereignty and establishing reservation lands. These treaties included provisions for sovereign control over tribal lands and resources, as well as certain rights to self-governance. However, the federal government often disregarded these treaties, committing numerous violations that included the forced removal of tribes from their lands, forced assimilation into American society, and exploitation of tribal resources. As a result, many tribes lost large portions of their lands and resources.
Despite these challenges, Native American tribes in Arizona have maintained their sovereignty over their lands. The Hopi, Navajo, Tohono O'odham, and other tribal nations in Arizona control reservation lands within their borders, which comprise approximately 27% of the state's landmass. These lands are managed by their respective governments and elected officials, who make decisions about land use, development, environmental protection, and other issues that affect their communities.
The tribal governments have the authority to regulate activities on their lands, including hunting and fishing, mineral leasing, and other types of economic development. They may also enter into agreements with the federal government or neighboring states to coordinate resource management or address other concerns that cross jurisdictional boundaries. These agreements often reflect a balance between the sovereignty of tribal nations and the shared interests of neighboring governments.
Tribal members who reside on reservation lands are subject to the jurisdiction of their tribal government, rather than the state government. Tribal law enforcement agencies have the authority to enforce tribal laws and regulations within their borders, and tribal courts are responsible for adjudicating disputes that arise on tribal lands. In addition, federal law enforcement agencies have the authority to enforce federal law on reservation lands.
In some cases, tribal nations may lease tribal land to state, federal, or private entities for economic development or recreational purposes. For example, the Tohono O'odham Nation has leased land for mining operations, and the Navajo Nation has leased land for renewable energy development. However, the tribal nations still maintain the authority to regulate such activities and ensure that they are consistent with their cultural values, traditions, and environmental practices.
Most of the tribal nations in Arizona are members of the Inter-Tribal Council of Arizona, which was created in 1952 to promote the common welfare of tribal nations in the state. The council serves as a forum for cooperation and communication between the various tribes, and it advocates for policies and initiatives that support tribal sovereignty and self-determination.
In conclusion, tribal nations control the land within their borders in Arizona, and they exercise their sovereignty over these lands through their own elected officials and government institutions. The sovereignty of tribal nations is recognized by the federal government and affirmed through legal decisions. This recognition and affirmation are the result of a long history of treaties, agreements, and legal battles that have seen Native American tribes struggle to maintain their sovereignty over their lands